Thomas Earl Evans v. James Tilton

Filing 19

ORDER Directing Respondent to Submit Answer to Petition Following Withdrawal of Unexhausted Claims signed by Magistrate Judge Dennis L. Beck on 2/6/2008. (Answer due by 3/10/2008.)(Esteves, C)

(HC) Thomas Earl Evans v. James Tilton

Doc. 19

1 2 3 4 5 EASTERN DISTRICT OF CALIFORNIA 6 7 8 9 10 JAMES TILTON, 11 Respondent. 12 13 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 14 pursuant to 28 U.S.C. § 2254. 15 On February 4, 2008, the Court granted Petitioner's request to withdraw the unexhausted 16 claims and denied Respondent's motion to dismiss the instant petition as a "mixed" petition 17 containing both exhausted and unexhausted claims. (Court Doc. 18.) Accordingly, pursuant to 18 Rule 4 of the Rules Governing Section 2254 Cases and Rule 16 of the Federal Rules of Civil 19 Procedure, it is HEREBY ORDERED that: 20 1. 21 from the date of service of this order; 22 2. 23 files his answer; and, 24 3. 25 force and effect. 26 IT IS SO ORDERED. 27 28 Dated: 3b142a All other provisions of the Court's May 18, 2007, order to respond remain in full Petitioner may file a traverse within thirty (30) days from the date Respondent Respondent is directed to file an answer to the petition within forty-five (45) days / v. THOMAS EARL EVANS, Petitioner, CV F 07-00678 AWI DLB HC ORDER DIRECTING RESPONDENT TO SUBMIT ANSWER TO PETITION FOLLOWING WITHDRAWAL OF UNEXHAUSTED CLAIMS

UNITED STATES DISTRICT COURT

February 6, 2008

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 1
Dockets.Justia.com